What to do about a co-owner who wants their name off of a property?

UPDATED: Nov 27, 2012

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What to do about a co-owner who wants their name off of a property?

My ex-boyfriend and I both owned our own homes. We decided to live together, so I sold my home and we bought another home (which was entirely from my profit on the house I sold). My income was not great enough to be on the note alone, so his name was listed first on the mortgage. He kept his home and rented it out and the rental income paid his mortgage. Since I bought the home with 100% of my money, I only gave him 30% of the rights on the deed. We have since split up. He moved back into his original home and now wants his name off my mortgage so he can re-fi his home. I have been unsuccessful in re-financing to remove his name becasue of my debt to income ratio. Does he have any legal course of action that can force me to sell my home?

Asked on November 27, 2012 under Real Estate Law, Pennsylvania


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, he can bring an action for "partition" which asks the court to split the house between you (in to parts and it would follow the deed you have - 70/30).  Since the court can not actually split the house they generally order it sold.  Please speak with ana ttorney in your area to help you with this matter.  Good luck. 

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